CEA 05-12-16 Meeting Agenda CEA
Frederick County
Conservation Easement Authority
C/O Frederick County Planning Department, 107 North Kent Street, Winchester, VA 22601 (540 -665-5651)
MEMORANDUM
TO: Conservation Easement Authority
FROM: Candice Perkins, AICP, CZA, Assistant Planning Director
SUBJECT: May 2016 Meeting
DATE: May 4, 2016
______________________________________________________________________________
The Frederick County Conservation Easement Authority will be meeting on Thursday, May 12,
2016 at 8:30 a.m. in the Planning Department Conference Room in the County Administration
Building, 107 North Kent Street, Winchester, Virginia.
The Conservation Easement Authority will discuss the following agenda items:
AGENDA
1. Welcome and Introductions
2. Organizational Activities
a. Election of Chairman, Vice Chairman, Treasurer, and Secretary
b. Adoption of Bylaws
c. Selection of Meeting Dates and Times
3. Adoption of Meeting Minutes: August 27, 2015
4. Update on Effort to Create Informational Conservation Easement Videos
a. Review, discuss, comment on the draft video footage
5. Open Discussion
6. Other
Please contact the Planning Department (540-665-5651) if you are unable to attend this
meeting.
CEP/pd
Enclosures: CEA Bylaws, Draft August 27, 2015 meeting minutes
CONSERVATION EASEMENT AUTHORITY
County of Frederick, Virginia
Bylaws
Proposed May 12, 2016
ARTICLE I – AUTHORIZATION
1-1 The Frederick County Conservation Easement Authority is established by and in
conformance with Chapter 68 of the Code of Frederick County, and under the Public
Recreational Facilities Authorities Act, Chapter 56 of Title 15.2 (§15.2-5600, et seq.) Code of
Virginia
1-2 The official title of this body shall be the Frederick County Conservation Easement
Authority, hereinafter referred to as the “Authority”.
ARTICLE II – PURPOSE
2-1 The purposes of the Authority are to acquire and/or receive conservation easements, by
purchase, gift, or other conveyance; to hold and enforce conservation easements conveyed to
it; to facilitate the acquisition or receipt of conservation easements by other qualified
organizations; to disseminate information concerning conservation easements to landowners
and other interested parties; to administer the Frederick County Conservation Easement
Purchase Program pursuant to the ordinance establishing the Program; and to exercise any
powers authorized by the Public Recreational Facilities Authorities Act.
ARTICLE III – MEMBERSHIP
3-1 The membership of the Authority shall be determined by the Frederick County Board of
Supervisors, per the Conservation Easement Authority’s Article of Incorporation, adopted
August 24, 2005. Methods of appointment and terms of office shall be determined by the
Frederick County Board of Supervisors.
ARTICLE IV – OFFICERS
4-1 Officers of the Authority shall consist of a chairman, vice-chairman, treasurer and secretary.
The chairman, vice-chairman, and treasurer must be voting members of the Authority. The
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Proposed May 12, 2016
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secretary shall be a member of the Authority or a county employee.
4-2 Selection
4-2-1 The officers shall be elected by the voting members of the Authority at the
first meeting of the calendar year.
4-2-2 Nomination of officers shall be made from the floor at the first meeting of the
calendar year. Elections of officers shall follow immediately. A candidate
receiving a majority vote of the entire voting membership shall be declared
elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions. A ruling on a procedural
question by the chairman shall be subject to reversal by a two-
thirds majority vote of the members present.
4-3-1-3 Report official communications.
4-3-1-4 Certify official documents involving the authority of the
Authority.
4-3-1-5 Certify minutes as true and correct copies.
4-3-1-6 Carry out other duties as assigned by the Board of Supervisors
and the Authority.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the chairman in the absence or
inability of the chairman to act.
4-3-2-2 Carry out other duties as assigned by the Board of Supervisors
and the Authority Chairman.
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Proposed May 12, 2016
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4-3-3 The Treasurer shall:
4-3-3-1 Be responsible for the safekeeping of all funds of the
Authority.
4-3-3-2 Maintain the financial records of the Authority.
4-3-3-3 Pay approved bills.
4-3-4 The Secretary shall:
4-3-4-1 Ensure that attendance is recorded at all meetings.
4-3-4-2 Ensure that the minutes of all Authority meetings are recorded.
4-3-4-3 Notify members of all meetings.
4-3-4-4 Prepare agendas for all meetings.
4-3-4-5 Maintain files of all official Authority records and reports.
Official records and reports may be purged in accordance with
applicable state codes.
4-3-4-6 Give notice of all Authority meetings, public hearings and
public meetings.
4-3-4-7 Provide to the Board of Supervisors reports and
recommendations of the Authority.
4-3-4-8 Attend to the correspondence necessary for the execution of
the duties and functions of the Authority.
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the
Authority. In such cases, the newly elected officer shall serve only until the
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Proposed May 12, 2016
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end of the calendar year or until a successor takes office.
4-5 Temporary Chairman
4-5-1 In the event of the absence of both the chairman and the vice-chairman from
any meeting, the Authority shall designate from among its members a
temporary chairman who shall act for that meeting in the absence of the
chairman or vice-chairman.
ARTICLE V – MEETINGS
5-1 Regular meetings shall be held at the time and place set by the Authority at the first meeting
of each calendar year.
5-2 Special meetings may be called by the chairman or by the secretary after due notice and
publication by the secretary.
5-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before
the meeting.
5-4 All meetings of the Authority shall be open to the public except for Closed Sessions held in
accordance with the provision specified of the Code of Virginia, 1950, as amended.
ARTICLE VI – VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the Authority shall be valid unless authorized by a majority vote of those present
and voting.
ARTICLE VII – OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Consideration of Minutes
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Proposed May 12, 2016
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7-1-3 Public Hearings
7-1-4 Public Meetings
7-1-5 Discussions
7-1-6 Citizen Comments on Items not on the Agenda
7-1-7 Other
7-1-8 Adjournment
7-2 Minutes
7-2-1 The Authority shall keep minutes of each meeting. The Chairman and
Secretary shall sign all minutes following approval by the Authority certifying
that the minutes are true and correct. Minutes made available to the public
prior to formal approval by the Authority shall be clearly identified as a draft
version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the Authority meetings shall be governed by
Robert’s Rules of Order, except where otherwise specified in these
procedures.
7-3-2 Whenever an agenda item involves a recommendation to the Board of
Supervisors, the Authority shall continue to consider the item until a definite
recommendation is made. If a motion has been made and defeated, additional,
different motions may be made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following
procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
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7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by Authority
7-3-3-6 Motion and Action by Authority
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
1950, as amended, or the Code of Frederick County. In other cases, the
Chairman may allow public comment.
7-3-5 The Authority members may ask questions of clarification and information
after the staff report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may
be made part of the official record of the meeting by motion of the Authority
and are to be kept on file by the secretary. Such items need not be made part
of the published minutes.
7-3-7 Public Hearings
7-3-7-1 The Authority shall hold public hearings on all items which
require a motion to accept a Conservation Easement.
7-3-7-2 The Chairman may establish special rules for any public
hearing at the beginning of said hearing. These rules may
include limitations on the time of staff report, applicant
presentation and citizen comment.
7-3-7-3 The Authority may hold public hearings on any matter which
it deems to be in the public interest. In such cases, the public
hearings shall follow all procedures described for public
hearing in these bylaws.
7-3-8 Tabling
7-3-8-1 The Authority shall have the authority to table agenda items if
any one of the following situations occurs:
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A) The agenda item does not meet the requirements of the Code of
Virginia, 1950, as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the
agenda item warrant additional information or study.
E) The applicant provides the Authority with a written request to
table the agenda item.
F) The Authority is advised of an emergency situation that
prevents attendance by applicant.
G) The applicant fails to appear at the meeting in which the
application has been advertised to appear.
7-3-8-2 The applicant shall be permitted to request that an agenda
item be tabled from a scheduled Authority meeting.
7-3-8-3 An application that has been tabled for an unspecified period
of time shall be re-advertised for consideration by the
Authority once the following steps have been completed:
A) The applicant has requested in writing that the agenda item be
considered by the Authority.
B) The applicant has provided all required information to the
Authority which addresses all concerns of the Authority.
7-3-8-4 The Authority shall have the authority to act on an agenda
item that has been tabled when the agenda item has been re-
advertised for a subsequent Authority agenda.
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Proposed May 12, 2016
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ARTICLE VIII – AMENDMENTS
8-1 These bylaws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 Authority shall conduct an annual review of these bylaws to ensure their accuracy.
All amendments to these bylaws shall be considered by the Authority in November of
each calendar year. The Authority shall adopt their bylaws during the first meeting of
each calendar year.
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August 27, 2015
MEETING MINUTES
OF THE
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY
Held in the Planning Department Conference Room of the Frederick County Administration
Building at 107 North Kent Street in Winchester, Virginia on August 27, 2015.
PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice-Chairman; Elaine Cain, Treasurer; Ron
Clevenger, C. Robert Solenberger, Gene Fisher, Board of Supervisors; Charles Triplett, Planning
Commission Liaison.
ABSENT: John Marker and Bryan Green.
STAFF PRESENT: Eric R. Lawrence, CEA Secretary; John Bishop, Deputy Director of
Transportation; Kirstin Twardon, GIS Technician and Pam Deeter.
OTHER: Ellen Murphy, Commissioner of Revenue, John Turkel, Park and Stewardship Planner,
and Tracy Lind, Potomac Conservancy.
PUBLIC MEETING
Welcome and Introduction
The meeting was called to order by Chairman Kearns at 8:30 a.m. and she determined there
was a quorum.
Adoption of Meeting Minutes
On a motion made by Mr. Solenberger, and seconded by Mr. Clevenger the June 25, 2015
meeting minutes were approved as presented.
Updated on Effort to Create Information Conservation Easement Videos
Mr. Bishop mentioned that the 3rd video was approved at the last meeting, and can be aired in
next few days. Mr. Bishop presented the 4th video entitled Easement Support Team. Mr.
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August 27, 2015
Bishop noted that the video is about 11 minutes and the revisions that were suggested at last
month meeting edited. Mr. Bishop added some captions and equation formula to the video.
Open Discussion
Chairman Kearns asked for feedback on the 4th video. The consensus of the Committee stated
the video is good. Mr. Solenberger would like to incorporate into the video the only way to
preserve this piece of land for a life time is through an easement on the property.
Ms. Lind suggested a closing statement leading into the next video.
A committee member suggested changing the title from Your Easement Support Team to
Answers From Your Support Team. The Committee agreed and the change was made.
Mr. Bishop went over the minor changes with the Committee and upon completion of the
changes the video is ready to be aired.
Chairman Kearns and Ms. Lind has partnered with Potomac Conservancy, Shenandoah
Battlefield, and The Virginia Division of Forestry to host an event on September 23, and October
21, 2015 at Winchester Cider Works at 6:30 p.m. Chairman Kearns would like to present the
videos at that time and also make up some brochures to pass out.
Ms. Lind is looking for someone to do the marketing. Mr. Lawrence spoke up and said we can
advertise a CEA event.
The Committee would like to advertise the event on the cable stations. Mr. Lawrence will
contact the new Public Information Officer in the County and she can work on getting the event
advertised.
Update on State PDR funding program
Mr. Lawrence gave an update on recent figures were that released about the funds of the
PDR program: $7 million dollars in state funds, $10 million in local funds and $5 million in other
federal source funds. The Office of Farmland Preservation, who is responsible for giving out the
PDR funds, is realizing that the same localities are participating because they can match the
funds. Other localities have applied for funds but are unable to match the funds, and then the
funds have been returned to the PDR program.
Mr. Lawrence stated the PDR work group has a report going to the General Assembly and has
some suggestions as to how the program will prioritize funds in the future. One suggestion is
that if you received a grant and were unable to use the funds you will not be able to apply for
another grant for three years.
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August 27, 2015
Mr. Lawrence noted that if your land is in the Land Use Program and another parcel is not you
would have an advantage for the funding.
Mr. Lawrence noted that sometime the property owner has trouble coming up with the closing
cost for the easement, so the PDR work group is looking at a low interest loan program.
Mr. Lawrence replied that he would continue to monitor and give updates on the PDR Program.
Ms. Lind briefed the committee on a RCCP farm bill program which promotes partnerships with
localities. Frederick County, Shenandoah County, and Potomac Conservancy have partnered
together and we can submitted different projects. By September 4, Ms. Lind will notify each
partner if we are invited to submit projects. If are project is chosen, we could have funding
through RCCP. Ms. Lind stated we need the project first before receiving the funds.
The next meeting will be September 24, 2015
The meeting adjourned at 9:30.
Respectfully submitted,
________________________
Diane Kearns, Chairman
___________________________
CEA Secretary